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Oregon Bulletin

July 1, 2011

 

Teacher Standards and Practices Commission
Chapter 584

Rule Caption: Amends Transitional School Social Worker rule, amends LCA fee and implements social worker license fee, cites statute for Division 20 rule.

Adm. Order No.: TSPC 5-2011

Filed with Sec. of State: 6-15-2011

Certified to be Effective: 6-15-11

Notice Publication Date: 4-1-2011

Rules Amended: 584-020-0040, 584-036-0055, 584-070-0431

Subject: 584-020-0040 – Grounds for Disciplinary Action – Adds citation for the statue referring to an educator’s privilege relating to confidentiality of student information.

      584-036-0055 – Fees – Reduces proposed fee for prospective License of Conditional Assignment (LCA) to $25. Adds Initial Social Worker License Fee [$100].

      584-070-0431 – Transitional School Social Worker License for First Time Out-of-State Applicants – Clarifies that applicant must not have previously held an Oregon social worker or school social worker license. Clarifies eligibility requirements and sanctions for misrepresentation of license.

Rules Coordinator: Lynn Beaton—(503) 373-0981

584-020-0040

Grounds for Disciplinary Action

(1) The Commission will deny, revoke or deny the right to apply for a license or charter school registration to any applicant or educator who, has been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another jurisdiction or convicted of attempt to commit such crimes as defined in 161.405. Evaluation of substantially equivalent crimes or attempts to commit crimes will be based on Oregon laws in effect at the time of the conviction, regardless of the jurisdiction in which the conviction occurred. The crimes listed in 342.143 are:

(a) ORS 163.095 – Aggravated Murder;

(b) ORS 163.115 – Murder;

(c) ORS 163.185 – Assault in the First Degree;

(d) ORS 163.235 – Kidnapping in the First Degree;

(e) ORS 163.355 – Rape in the Third Degree;

(f) ORS 163.365 – Rape in the Second Degree;

(g) ORS 163.375 – Rape in the First Degree;

(h) ORS 163.385 – Sodomy in the Third Degree;

(i) ORS 163.395 – Sodomy in the Second Degree;

(j) ORS 163.405 – Sodomy in the First Degree;

(k) ORS 163.408 – Unlawful Sexual Penetration in the Second Degree;

(l) ORS 163.411 – Unlawful Sexual Penetration in the First Degree;

(m) ORS 163.415 – Sexual Abuse in the Third Degree;

(n) ORS 163.425 – Sexual Abuse in the Second Degree;

(o) ORS 163.427 – Sexual Abuse in the First Degree;

(p) ORS 163.432 – Online Sexual Corruption of a Child in the Second Degree;

(q) ORS 163.433 – Online Sexual Corruption of a Child in the First Degree;

(r) ORS 163.435 – Contributing to the Sexual Delinquency of a Minor;

(s) ORS 163.445 – Sexual Misconduct;

(t) ORS 163.465 – Public Indecency;

(u) ORS 163.515 – Bigamy;

(v) ORS 163.525 – Incest;

(w) ORS 163.547 – Child Neglect in the First Degree;

(x) ORS 163.575 – Endangering the Welfare of a Minor;

(y) ORS 163.670 – Using Child in Display of Sexually Explicit Conduct;

(z) ORS 163.675 – Sale or Exhibition of Visual Reproduction of Sexual Conduct by a Child;

(aa) ORS 163.680 – Paying for Viewing Sexual Conduct Involving a Child;

(bb) ORS 163.684 – Encouraging Child Sexual Abuse in the First Degree;

(cc) ORS 163.686 – Encouraging Child Sexual Abuse in the Second Degree;

(dd) ORS 163.687 – Encouraging Child Sexual Abuse in the Third Degree;

(ee) ORS 163.688 – Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;

(ff) ORS 163.689 – Possession of Materials Depicting Sexually Explicit Conduct of a Child in the Second Degree;

(gg) ORS 164.325 – Arson in the First Degree;

(hh) ORS 164.415 – Robbery in the First Degree;

(ii) ORS 166.005 – Treason;

(jj) ORS 166.087 – Abuse of a Corpse in the First Degree;

(kk) ORS 167.007 – Prostitution;

(ll) ORS 167.012 – Promoting Prostitution;

(mm) ORS 167.017 – Compelling Prostitution;

(nn) ORS 167.054 – Furnishing Sexually Explicit Material to a Child

(oo) ORS 167.057 – Luring a Minor

(pp) ORS 167.062 – Sadomasochistic Abuse for Sexual Conduct in a Live Show;

(qq) ORS 167.075 – Exhibiting an Obscene Performance to a Minor;

(rr) ORS 167.080 – Displaying Obscene Materials to Minors;

(ss) ORS 167.090 – Publicly Displaying Nudity or Sex for Advertising Purposes;

(tt)ORS 475.848 – Unlawful manufacture of heroin within 1,000 feet of school;

(uu) ORS 475.852 – Unlawful delivery of heroin within 1,000 feet of school;

(vv) ORS 475.858 – Unlawful manufacture of marijuana within 1,000 feet of school;

(ww) ORS 475.860 – Unlawful delivery of marijuana;

(xx) ORS 475.862 – Unlawful delivery of marijuana within 1,000 feet of school;

(yy) ORS 475.864(4) – Possession of less than 1 ounce of marijuana within 1,000 feet of school;

(zz) ORS 475.868 – Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(aaa) ORS 475.872 – Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(bbb) ORS 475.878 – Unlawful manufacture of cocaine within 1,000 feet of school;

(ccc) ORS 475.880 – Unlawful delivery of cocaine;

(ddd) ORS 475.882 – Unlawful delivery of cocaine within 1,000 feet of school;

(eee) ORS 475.888 – Unlawful manufacture of methamphetamine within 1,000 feet of school;

(fff) ORS 475.890 – Unlawful delivery of methamphetamine;

(ggg) ORS 475.892 – Unlawful delivery of methamphetamine within 1,000 feet of school;

(hhh) ORS 475.904 – Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; or

(iii) ORS 475.906 – Penalties for distribution to minors.

(2) An applicant fails to meet the requirement of ORS 342.143 “good moral character” if the applicant engages in gross neglect of duty, gross unfitness, in violation of section (4) of this rule or other acts which are in violation of sections (1) or (3) of this rule.

(3) The Commission may initiate proceedings to suspend or revoke the license or registration of an educator under ORS 342.175 or deny a license or registration to an applicant under 342.143 who:

(a) Has been convicted of a crime not listed in section (1) of this rule, if the Commission finds that the nature of the act or acts constituting the crime for which the educator was convicted render the educator unfit to hold a license;

(b) Is charged with knowingly making any false statement in the application for a license or registration;

(c) Is charged with gross neglect of duty;

(d) Is charged with gross unfitness; or

(e) Is convicted of a crime involving the illegal use, sale or possession of controlled substances.

(4) Gross neglect of duty is any serious and material inattention to or breach of professional responsibilities. The following may be admissible as evidence of gross neglect of duty. Consideration may include but is not limited to:

(a) Knowing and substantial unauthorized use of: school name or financial credit; school materials or equipment for personal purposes; or school personnel to provide personal services unrelated to school business;

(b) Knowing and substantial unauthorized use of employment time or school resources for private purposes;

(c) Knowing falsification of any document or knowing misrepresentation directly related to licensure, employment, or professional duties;

(d) Unreasonable physical force against students, fellow employees, or visitors to the school, except as permitted under ORS 339.250;

(e) Violent or destructive behavior on school premises or at a school-sponsored activity;

(f) Any sexual conduct with a student;

(g) Appearing on duty or at any district-sponsored activity while under the influence of alcohol or any controlled substance;

(h) Unauthorized disclosure of student records information received in confidence by the educator under ORS 40.245, (See, subsection (6), below);

(i) Knowingly assigning an educator in violation of licensure requirements;

(j) Resignation from a contract in violation of ORS 342.553,

(k) Knowing violation of any order or rule of the Commission;

(l) Sexual harassment;

(m) Knowing and willful failure of a chief administrator to report a violation of Commission standards as required by OAR 584-020-0041;

(n) Substantial deviation from professional standards of competency set forth in OAR 584-020-0010 through 584-020-0030;

(o) Substantial deviation from professional standards of ethics set forth in OAR 584-020-0035;

(p) Subject to the exercise of any legal right or privilege, failure or refusal by an educator under investigation to respond to requests for information, to furnish documents or to participate in interviews with a Commission representative relating to a Commission investigation;

(q) Knowing and unauthorized use of school computer equipment to receive, store, produce or send sexually explicit materials;

(r) Knowingly working without a license; or

(s) Failing to report child abuse pursuant to ORS 419B.010.

(5) Gross unfitness is any conduct which renders an educator unqualified to perform his or her professional responsibilities. Conduct constituting gross unfitness may include conduct occurring outside of school hours or off school premises when such conduct bears a demonstrable relationship to the educator’s ability to fulfill professional responsibilities effectively. The following may be admissible as evidence of gross unfitness. Consideration may include but is not limited to:

(a) Revocation, suspension or denial of a license by another state for reasons and through procedures that are the same as, or substantially equivalent to, those permitting similar action in Oregon;

(b) Fraud or misrepresentation;

(c) Conviction of violating any federal, state, or local law. A conviction includes any final judgment of conviction by a court whether as the result of guilty plea, no contest plea or any other means.

(d) Commission of an act listed in OAR 584-020-0040(1);

(e) Admission of or engaging in acts constituting criminal conduct, even in the absence of a conviction; or

(f) Violation of a term of probation imposed by a court.

(6) In any proceeding brought under subsection (4)(h) of this rule, the Commission may not impose a sanction more severe than a suspension of the educator’s license.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.143 & 342.175 - 342.190

Hist.: TS 5-1983, f. & ef. 7-21-83; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 2-1988, f. & cert. ef. 4-7-88; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1993, f. & cert. ef. 9-29-93; TS 5-1996, f. & cert. ef. 9-24-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 8-1998 f. & cert. ef. 12-9-98; TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 6-1999(Temp), f. & cert. ef. 9-20-99 thru 3-17-00; TSPC 7-1999, f. & cert. ef. 10-8-99; TSPC 9-1999, f. & cert. ef. 11-22-99; TSPC 4-2000, f. & cert. ef. 7-17-00; TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2008, f. & cert. ef. 11-13-08; TSPC 4-2010, f. & cert. ef. 7-15-10; TSPC 5-2011, f. & cert. ef. 6-15-11

584-036-0055

Fees

(1) All fees are assessed for evaluation of the application and are not refundable.

(2) If the applicant is eligible for the license, registration, or certificate for which application is made and the license, registration or certificate is issued within 90 days of original application, the commission shall issue the license, without additional charge with the following exceptions:

(a) If the commission determines the application is incomplete and fails to notify the applicant in less than one calendar week, the commission will extend the 90 days by an amount equal to the number of days the commission delayed notifying the applicant of incomplete items.

(b) For renewable licenses with a 120 day grace period, the original application fee remains good throughout the 120 days.

(c) If the commission fails to issue the license within 90 days due to commission backlog, the fee shall remain good until the license is issued or 120 days, whichever is less.

(3) The fee for evaluating an initial application:

(a) Initial I License (3 years): $100;

(b) Initial I Teaching License (18 months): $50;

(c) Initial II Teaching License (3 years): $100;

(d) Basic License (3 years): $100;

(e) Continuing License (5 years): $100;

(f) Standard License (5 years): $100;

(g) Restricted Transitional License (1 year or 3 years): $100;

(h) Limited License (3 years): $100;

(i) American Indian Language License (3 years): $100;

(j) Substitute License (3 years): $100;

(k) Restricted Substitute License (3 years, 60 days per year): $100;

(l) Exceptional Administrator License (3 years): $100;

(m) Career and Technical Education I Teaching License (1 year): $100;

(n) Career and Technical Education II Teaching License (3 years): $100;

(o) Five-Year Career and Technical Education License (5 years): $100;

(p) Emergency License (term at discretion of Executive Director): $100;

(q) School Nurse Certification (3 years): $100;

(r) International Visiting Teaching License (1 year): $100;

(s) License for Conditional Assignment (1 to 3 years) $25;

(t) Initial Administrator License (3 years): $100;

(u) Initial School Psychologist License (3 years): $100; and

(v) Initial School Social Worker License (3 years): $100.

(4) The fee for evaluating all applications for a first Oregon license based on completion of an out-of-state educator preparation program or an out of state license is $120 regardless of the license issued.

(5) The fee for registration of a charter school teacher or administrator is $75 which includes the fee for required criminal records and fingerprinting costs.

(6) The fee for evaluating an application for renewal of any license or certification is $100 except as follows:

(a) Renewal of a one-year Restricted Transitional Teaching License is $25;

(b) Renewal of a charter school registration is $25;

(c) Renewal of an International Visiting Teacher License is $25;

(d) Renewal of Career and Technical Education I Teaching License is $25; and

(e) Renewal of License for Conditional Assignment is $25.

(7) The fee for each of the following circumstances is $20:

(a) A duplicate license, registration, or certificate for any reason;

(b) An approved extension to a provisional license; and

(c) Adding a district to an existing restricted license requiring a co-applicant school district.

(8) The fee for evaluating an application to add one or more endorsements or authorization levels to a currently valid license is $100. No additional fee is required to add an endorsement or authorization in conjunction with an application for renewal or reinstatement of a license.

(9) The fee to evaluate an application for reinstatement of an expired license or certificate is $100 plus a late application fee of $25 for each month or portion of a month that the license or certificate has been expired to a maximum of $200 total.

(a) The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license, registration or school nurse certification.

(b) Late fees may only be imposed one time following the expiration of a license or school nurse certificate. If the applicant does not initially qualify for the license or certificate the applicant is seeking to reinstate, no additional late fees will be imposed upon application for subsequent licenses so long as the applicant has a current active license, registration or certification in effect at the time of application.

(10) The fee for evaluating an application for reinstatement of a suspended license or certificate is $100 in addition to the $100 application fee for a total of $200. The fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license or certificate.

(11) The fee for evaluating an application for reinstatement of a suspended charter school registration is $50 and does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired registration.

(12) In addition to the application fees required by this rule, the Commission shall collect a late application fee not to exceed $25 per month up to a maximum of $125 from an applicant who fails to make timely application for renewal of the license, certificate or registration.

(13) The fee for evaluating an application for reinstatement of a revoked license or certificate is $150 in addition to the $100 application fee for a total of $250. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license, or school nurse certificate.

(14) The fee for evaluating an application for reinstatement of a revoked charter school registration is $150 in addition to the $25 application fee for a total of $175. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired charter school registration.

(15) Forfeiture for a check which the applicant’s bank will not honor is $25, unrelated to any evaluation fees. The total amount due shall be paid in cash, credit, or Money Order at the Commission’s office.

(16) The fee for evaluating licensure applications submitted on behalf of teachers participating in exchange programs or on Congressional appointment from foreign countries is $100.

(17) The fee for alternative assessment in lieu of the test for licensure endorsement is $100.

(18) The fee for expedited service for an emergency or other license, registration or certificate is $99 plus the fee for the license registration or certificate application as defined in this administrative rule.

(19) The fee to evaluate an application for reinstatement of an expired charter school registration is $25 plus a late application fee of $25 for each month or portion of a month that the registration has been expired to a maximum of $125 total. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired charter school registration.

(20) The fee for a criminal records check including fingerprinting is $62.

(21) The fee for a “highly qualified teacher” evaluation is $50.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120 – 342.430; 342.430 – 342.455; 342.533

Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1979, f. 8-21-79, ef. 1-1-80; TS 1-1982, f. & ef. 1-5-82; TS 3-1983, f. & ef. 5-16-83; TS 4-1983, f. 5-17-83, ef. 7-1-83; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 4-1985, f. 10-4-85, ef. 1-1-86; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 5-1988, f. 10-6-88, cert. ef. 1-15-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1994, f. 7-19-94, cert. ef. 10-15-94; TS 5-1994, f. 9-29-95, cert. ef. 10-15-94; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 1-2003, f. & cert. ef. 1-13-03; TSPC 6-2004, f. & cert. ef. 8-25-04; TSPC 6-2005(Temp), f. & cert. ef. 8-16-05 thru 1-30-06; TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 11-2005(Temp), f. 11-18-05, cert. ef. 1-1-06 thru 6-29-06; TSPC 5-2006, f. & cert. ef. 2-10-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2008, f. & cert. ef. 6-13-08; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 1-2009(Temp), f. & cert. ef. 2-27-09 thru 8-25-09; Administrative correction 9-29-09; TSPC 4-2009, f. & cert. ef. 9-22-09; TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 4-2010, f. & cert. ef. 7-15-10; TSPC 5-2010(Temp), f. & cert. ef. 8-13-10 thru 12-31-10; TSPC 9-2010, f. 12-15-10, cert. ef. 1-1-11; TSPC 5-2011, f. & cert. ef. 6-15-11

584-070-0431

Transitional School Social Worker License for First Time Out-of-State Applicants

(1) Upon filing a correct and complete application in form and manner prescribed by the commission, a qualified applicant who has never been licensed in Oregon as a social worker or school social worker may be granted a Transitional School Social Worker License.

(2) The Transitional School Social Worker License is issued for eighteen months and is not renewable.

(3) The Transitional School Social Worker License is valid for:

(a) School social work at all age or grade levels; and

(b) Substitute counseling at any level.

(4) Transitional School Social Workers must qualify for either an Initial School Social Worker or Continuing School Social Worker at the expiration of license in eighteen months.

(5) To be eligible for a Transitional School Social Worker License, the applicant must:

(a) Have a master’s or higher degree in social work from a regionally accredited institution or approved foreign equivalent;

(b) Hold an unrestricted school social worker license or certificate in any state or comparable jurisdiction; and

 (c) Furnish fingerprints in the manner prescribed by the commission and provide satisfactory responses to the character questions contained in the commission’s licensure application. (See also, OAR 584-036-0062 for Criminal Records Check Requirement.)

(6) Persons holding a Transitional School Social Worker License may:

(a) Substitute as a School Counselor for a period not to exceed three consecutive months without obtaining the School Counselor License;

(b) Not substitute as a School Psychologist; and

(c) Not accept any full or part-time position as a School Counselor or as a School Psychologist and may not go by the title of School Counselor or School Psychologist.

(7) Violations of the provisions in subsection (6) of this section may result in referral to the Commission for violation of professional practices.

Stat. Auth.: ORS 342

Stats. Implemented: ORS 342.120 -342.430

Hist.: TSPC 10-2010, f. 12-30-10, cert. ef. 1-1-11; TSPC 4-2011, f. & cert. ef. 4-14-11; TSPC 5-2011, f. & cert. ef. 6-15-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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